| Matter of Nieves v Gordon |
| Motion No: 2005-09613 |
| Slip Opinion No: 2006 NYSlipOp 60555(U) |
| Decided on January 11, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M34712
M/nal
HOWARD MILLER, J.P.
WILLIAM A. MASTRO
STEVEN W. FISHER
ROBERT J. LUNN, JJ.
|
2005-09613
In the Matter of Roslyn Nieves, respondent, v Michael Gordon, appellant. (Docket No. F-524-96)
| DECISION & ORDER ON MOTION |
Appeal by Michael Gordon from an order of the Family Court, Nassau County, dated August 1, 2005. By order to show cause dated November 30, 2005, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated October 25, 2005, issued pursuant to 22 NYCRR 670.4(a)(5). Application by the appellant to withdraw the appeal.
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that application is granted, and the appeal is deemed withdrawn, without costs or disbursements.
H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court